(a) damages, alters, enlarges or obstructs any irrigation system,
(b) interferes with, increases, diminishes the water supply in or the flow of water from, through, over or under any irrigation system, 17
(c) being responsible for the maintenance of the irrigation system neglects to take proper precautions for the prevention of wastage of the water thereof or interferences with the authorized distribution of water there from or use water in an unauthorized manner or in such manner as to cause damage to the adjacent land holdings,
(d) corrupts or fouls, water of any irrigation system so as to render it less fit for the purposes for which it is ordinarily used,
(e) obstructs or remove any Level Marks or Water Gauge or any other mark or sign fixed by the Authority or a Public Servant, and
(f) opens, shuts, or obstructs or attempts to open, shut or obstruct any sluices or outlets or any other similar structures in any irrigation system, shall, on a complaint made by a farmers' organization, if convicted, be punished with imprisonment which may extend to one year or with fines which may extend to five thousand rupees or with both.
Punishment under other laws not barred.
24.
Nothing in this Act shall prevent any person being prosecuted and punished under any other law for the time being in force for any act or ommission made punishable by or under this Act:
Provided that no person shall be prosecuted and punished for the same offences more than once.
Compounding of offences.
25.
(1) Farmers' organization may accept from any person who committed or in respect of whom a reasonable belief can be inferred that he has committed an offence punishable under this Act or the rules made there under, a sum of money not exceeding Rupees two thousand by way of compounding of such offence.
(2) On payment of such sum of money, the said person, if in custody, shall be discharged and no further proceeding shall be taken against him in regard to the offences so compounded.
18
CHAPTER-VI SEITLEMENT OF DISPUTES Settlement of disputes.
26. (1) Any dispute or difference touching the constitution, management, powers or functions of a farmers' organisation arising between members, shall be determined by the Managing Committee of the Water Users' Association.
(2) Any such disputes or differences arising between a member and the Managing Committee or a Water Users' Association or between two or more Water Users' Association shall be determined by the Managing Committee of the Distributory Committee.
(3) Any such dispute or difference arising between a member and the Managing Committee of a Distributory Committee or between two or more Distributory Committees shall be determined by the Managing Committee or the Project Committee.
(4) Any such dispute or difference arising between a member and Managing Committee or Project Committee or between two or more Project Committees shall be determined by the Apex Committee, whose decision shall be final.
(5) Every dispute or difference under this section shall be disposed of within 15 (fifteen) days from the date of reference of the dispute or difference.
Appeals. 27.
(1) A party to a dispute or difference aggrieved by any decision made or order passed by the Managing Committee of a Water Users' Association may appeal within 15 days to the Managing Committee of the Distributory Committee whose decision there on shall be final.
(2) Any party to a dispute or difference aggrieved by any decision made or order passed by the Managing Committee of Distributory Committee may appeal to the Managing Committee of a Project Committee within 15 days whose decision thereon shall be final.
(3) Any party to a dispute or difference aggrieved by any decision made or order passed by the Managing Committee of a Project Committee may appeal to the Apex Committee within 15 days whose decision thereof shall be final.
19
(4) Any appeal made under sub-section (1) or sub-section (2) or subsection (3) shall be preferred within 15 days of communication of the decision of the order to the person aggrieved.
(5) Every appeal under this section shall be disposed of within l5 days from the date of filing of the appeal.
CHAPTER –VII MISCELLANEOUS Records. 28.
(1) Each farmers' organisation shall keep at its office the following accounts, records and documents, namely :-
(a) an up to date copy of this Act;
(b) a map of the area of operation of the farmers' organisation along with the map of the structure and distributory networks prepared in consultation with the Irrigation Department ;
(c) a statement of assets and liabilities ;
(d) minutes book ;
(e) books of accounts showing receipt and payments;
(f) books of accounts of all purchases and sales of goods by the Associations ;
(g) a register of measurement book, level field books, work orders and the like ;
(h) copies of audit reports and enquiry reports ;
(i) all such other accounts, records and documents as may be prescribed from time to time.
(2) The books of accounts and other records shall be opened for information to the member of the farmers' organisation.
Audit. 29.
Every farmers' organisation shall get its accounts audited in the manner prescribed.
20 Recovery of dues.
30.
All the amounts payable or due to farmers' organisation shall be recovered as arrears of land revenue by local Land Revenue Officer as per rules.
Meetings. 31.
The meeting of the farmers' organisation and the Managing Committee thereof at such intervals, the procedure, the presidency and the quorum thereof and the cessation of membership thereof shall be such as may be prescribed.
Resignation. 32.
(1) A member of Managing Committee of farmers' organisation may resign his office by a letter sent by a registered post or tendered in person to the Chairman or President of the Managing Committee concerned.
(2) The President of the Managing Committee of a Water Users' Association may resign his office by a letter sent by registered post or tendered in person to the President of the Distributory Committee concerned.
(3) The President of the Managing Committee of a Distributory Committee may resign his office by a letter sent by registered post or tendered in person to the Chairman of the Project Committee concerned.
(4) The Chairman of the Managing Committee of a Project Committee may resign his office by letter sent by registered post or tendered in person to the Chairman of the Apex Committee.
(5) Such resignation as mentioned above shall take effect from the date of its acceptance or on the expiry of 30 days from the date of its receipt whichever is earlier.
Appointment of a Commissioner.
33.
(i) The Government may by notification appoint a Commissioner to exercise general control and superintendence over the competent authorities and the District Collector in performance of their functions under this Act or the rules made thereunder.
(ii) The powers to be exercised and the functions to be performed by the Commissioner shall be such as may be prescribed.
21 Transitional Arrangement.
34.
The Government may, by notification, appoint an officer or officers to exercise the powers and perform the functions of a farmers' organization and the Managing Committee thereof till such time such farmers' organisation are duly constituted or reconstituted and such Managing Committee assumes office under the provisions of this Act.
Authentication of orders and documents of the farmers' organisation.
35.
All permissions, orders, derisions and other documents of the farmers' organisations shall be authenticated by the signature of the Chairman or President of the Managing Committee or any other Member of the Managing Committee authorised by the Managing Committee in this behalf.
Act not to be invalidated by informality or vacancy etc.
36.
No act of proceedings of the Managing Committee of farmers' organisation or Committee shall be invalidated by reason only of the existence of any vacancy in or defect in the constitution of the said committee.
Deposits and administration of the fund.
37.
(1) The farmers' organisation shall keep their funds in a Nationalised Bank or a Co-operative Bank.
(2) The fund shall be applied towards meeting of the expenses incurred by the Managing Committee of the concerned farmers' organisation in the administration of this Act, and for no other purpose.
Sinking Fund. 38.
(1) The Managing Committee of the farmers' organisation shall maintain a sinking fund for the repayment of the money borrowed and shall pay every year into the sinking fund such sum as may be sufficient for repayment within the period fixed of all the money so borrowed.
(2) The sinking fund or any part thereof shall be applied in or towards the discharge of the loan for which such fund was created and until such loan is wholly discharged, it shall not be applied for any other purpose.
Budget. 39.
The Managing Committee of the farmers' organisation shall prepare in such form in every financial year a budget in respect of the financial year next, showing the estimated receipts and expenditure of the Committee and shall place before the General Body of the farmers' organisation for its approval as may be prescribed.
22 Power to remove difficulties.
40.
(1) If any difficulty arises in giving effect to the provisions of this Act or as to the first constitution or reconstitution of any farmers' organisation after the commencement of this Act, the Government, as the occasion may require by order published in the Assam Gazette, do anything which appears to them necessary for removing the difficulty.
(2) All orders made under sub-section (1) shall as soon as may be, after they are made, be placed on the table of the Assam Legislative Assembly and shall be subject to such modification by way of amendments or repeal as the Legislative Assembly may make either in the same session or in the next session.
Savings. 41.
(1) Nothing contained in this Act shall effect the right or properties vested in Gaon Panchayat, Municipality or Municipal Corporation under any law for the time being in force.
(2) Nothing contained in this Act, shall apply to the Minor Water Bodies in the Scheduled areas in the State of Assam.
Power to make rules.
42.
(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purpose of this Act.
(2) All rules made by the State Government under this Act shall, as soon as may be after they are made be laid before the Assam Legislative Assembly while it is in session, for a total period of not less than fourteen days which may be comprised in one session or two or more successive sessions, and shall, unless some later date is appointed, take effect from the date of their publication in the Official Gazette subject to such modifications or annulments as the Legislative Assembly may, during the said period agree to make so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.
Protection of acts done in good faith.
43.
No suit, prosecution or other legal proceedings shall be instituted against any person for anything which is in good faith done or intended to be done under this Act or under the rules made thereunder.